Loading...
HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 07/07/1998 Kent, Washington July 7, 1998 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Amodt, Brotherton, Clark, Epperly, Orr, Woods, and Yingling, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Fire Chief Angelo, Police Chief Crawford, Planning Director Harris, Public Works Director Wickstrom, Parks Director Hodgson, Employee Services Director Viseth, and Acting Finance Director Hillman. Approximately 30 people were in attendance at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Becky Fowler of the Employee Services Department has been selected as Employee of the Month for July. He noted that Ms. Fowler is responsible for coordinating benefits to City employees and their families and has managed recruitment needs for the City. He added that she is a staunch supporter of the Wellness Committee. Employee Services Director Viseth commended Fowler on her work, thanked her for her efforts, and said she is proud to have her on the team. The Mayor then presented Ms. Fowler with the Employee of the Month plaque. Rent Downtown Partnership Presentation. Linda Johnson explained that the Kent Downtown Partnership has undertaken a tile project to raise funds to be used to develop the barn for the Kent Market. She presented the first tile to the Mayor and Council and thanked them for their support. She noted that tiles will go on sale this weekend at Cornucopia Days and that prices are $50 for an individual, $75 for a family, $100 for a business, and that businesses can add their logo for an additional fee. Recreation and Parks Month. Mayor White read a proclamation noting that parks and recreation services contribute to the overall quality of life of a community, enhance the desirability of locations for families and businesses, and stimulate tourism to increase a total community economic development model. He declared July 1998 as Recreation and Parks Month in the City of Kent and encouraged citizens to join in the nationwide celebration. The proclamation was presented to Parks Director Hodgson, who invited the public to participate in the many parks activities being offered this summer. 1 Kent City Council Minutes July 7, 1998 CONSENT ORR MOVED to approve Consent Calendar Items A CALENDAR through P with the exception of Item K which was removed, and including Item N as amended. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. Approval of the minutes of the regular Council meeting of June 16, 1998, and correction of the minutes of the regular meeting of June 2 , 1998 regarding the property address for Rhododendron Estates Preliminary Plat as follows: 15809 124th Avenue SE should read 25809 124th Avenue SE. TRAFFIC (CONSENT CALENDAR - ITEM 3K) (REMOVED BY COUNCIL PRESIDENT ORR) Traffic and Motor Vehicles Code Amendment. The Model Traffic Ordinance, a comprehensive collec- tion of traffic laws, was designed to be adopted by municipalities in the State of Washington for the consistent enforcement of traffic laws throughout the State. The proposed emergency ordinance readopts an updated version of the Model Traffic Ordinance. It also adopts numerous state laws, and repeals provisions of the City Code which duplicate the state laws that are adopted. The proposed emergency ordinance also amends certain criminal charges to traffic infractions, and amends the fines for certain traffic infractions. City Attorney Lubovich explained two minor changes to the proposed ordinance. The first change deletes language regarding riding bicycles, skateboards, skates, and in-line skates on the sidewalks of the downtown district and on the City Hall campus from the title of the ordinance. He noted that there is information relating to this which should be taken back to committee. Lubovich noted that the second change relates to public disturbances and was discussed at com- mittee. He explained that it relates to noise from internal combustion engines and that the provision "so as to be audible at a distance greater than fifty (50) feet from the real pro- perty from which the noise is emanating" is unenforceable. He advised going back to the 2 Kent City Council Minutes July 7, 1998 TRAFFIC original language which is "so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. " ORR MOVED to adopt Ordinance No. 3408 relating to the Model Traffic Ordinance with the deletion of a reference to a new section and with the lan- guage offered by the City Attorney regarding the starting of combustion engines. Woods seconded and the motion carried. STREETS (CONSENT CALENDAR - ITEM 3P) 196th Street Corridor - Middle Lea. ADOPTION of Ordinance No. 3411, relating to eminent domain proceedings for the 196th Street Corridor. The City plans to contract with the Western Processing Trust to construct an earthen embank- ment fill on a portion of the Western Processing site as part of the 196th Street Corridor Project. This ordinance allows the City Attorney' s Office to condemn the necessary property rights from the site' s legal owner in order to complete this work. (BIDS - ITEM 5B) S. 1961Russell Road Improvements. The bid opening for this project was held on July 2 , 1998 . Public Works Director Wickstrom explained that seven bids were received and that the apparent low bid was from Scarsella Bros. , Inc. in the amount of $2 , 491, 790. 16. He asked that the Mayor be authorized to reject all bids, subject to his and TIB' s concurrence. He pointed out that between this project and the other project on tonight' s agenda, the City will have awarded $16, 000, 000 in construction this year, with $5-6, 000, 000 more to go. CLARK MOVED that the Mayor be authorized to either award the construction contract for S. 196th Russell Road Improvement to the most satisfactory and responsible bidder, or to reject all bids, upon concurrence by the Public Works Director and the Transportation Improvement Board. Woods seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3L) Interurban Trail Signals. ACCEPT the Interurban Trail Signals contract and release retainage to Signal Electric, Inc. upon standard releases from 3 Kent City Council Minutes July 7, 1998 PUBLIC WORKS the State and release of any liens, as recom- mended by the Public Works Director. The original contract amount was $95, 953 . 00. The final construction cost was $100, 679. 50. (BIDS - ITEM 5A) Green River Enhancement. The bid opening for this project was held on June 30th with ten bids received. The apparent low bid was submitted by Gaston Excavating in the amount of $492,872 . 96. The Engineer's estimate was $484, 627. 50. The Public Works Director recommends that upon his concurrence, the Mayor be authorized to either award the Green River Enhancement contract to the most satisfactory responsible bidder or to reject all bids. Wickstrom noted that this project is not a part of the lagoon conversion project, but is asso- ciated with the 277th corridor. He explained that enhancements are being made along the river bank and that a trail is being built for which an agreement with King County is necessary. He noted that the area should be open by the end of the summer. CLARK MOVED that upon concurrence by the Public Works Director, the Mayor be authorized to either award the Green River Enhancement contract to the lowest satisfactory responsible bidder or to reject all bids. Woods seconded and the motion carried. COMMUTER RAIL (OTHER BUSINESS - ITEM 4C) (ADDED BY JAN REDDING) Commuter Rail. Jan Redding, 9511 S. 207th Place, Kent, noted that Sound Transit had recently selected the north site for a commuter rail station and that the City Council subsequently voted to appeal that decision. She said that a petition containing over 1200 signatures indicat- ing that the Council did the right thing in appealing that decision will be delivered to the Citizens Oversight Committee tonight, and provided copies for the Councilmembers. She stated that citizens appreciate the fact that the Council hears them and represents them. SHORELINE (CONSENT CALENDAR - ITEM 3M) MASTER PLAN Shoreline Master Program. APPROVAL of the establishment of a budget to expend grant funds, 4 Kent City Council Minutes July 7, 1998 SHORELINE received by the Department of Ecology to update MASTER PLAN the Shoreline Master Program. In January 1998, the City Council authorized the Mayor to sign a grant agreement with the State Department of Ecology to update the City's Shoreline Master Program. A consulting firm has been hired to assist with the project. The Planning and Public Works Committee heard this item on June 15, 1998, and recommended that a budget be established to expend grant funds received by the Department of Ecology. ZONING CODE (CONSENT CALENDAR - ITEM 3N) AMENDMENT Zoning Code Amendments, Phase I. ADOPTION of Ordinance No. 3409 amending the Zoning Code as approved by the City Council on June 16, 1998, and as amended this date. City Attorney Lubovich distributed copies of revised pages 37, 38, 41 and additional page 41a and noted that they refer to Sections 15. 04. 080 (K) and 15. 04 . 100 of the ordinance. He explained that maps of the pedestrian overlay of the downtown area were omitted from the Zoning Code changes and that the new pages add the maps and language referring to the maps. HOUSING (CONSENT CALENDAR - ITEM 3D) The Way Back Inn Foundation Rental Agreement Renewal. RENEWAL of the residential agreement with The Way Back Inn Foundation for five years and authorization for the Mayor to sign the residential agreement. The City has leased the one-story house in Campus Park to a non-profit organization, The Way Back Inn Foundation (WBI) since July of 1993 . WBI provides temporary housing for homeless families with children under the age of 14 for a three- month period while the parents work and search for permanent housing. The Foundation has a 90% success rate. The WBI made several improvements to the residence at no cost to the City in the past five years. After an inspection on January 13 , 1998, WBI has completed all of the urgent repairs identified by staff and has agreed to complete the remaining items by December 31, 1998 . 5 Kent City Council Minutes July 7, 1998 SCHOOL IMPACT (OTHER BUSINESS - ITEM 4A) FEES school District Capital Facilities Plan Amendment. On February 17, 1998, the City Council passed Ordinance No. 3393 which extended school impact fees for two years. On February 9, 1998, the Public Works/Planning Committee declared an emergency and directed the Land Use and Planning Board to consider adoption of a Comprehensive Plan Amendment. At the May 26, 1998, meeting, the Land Use and Planning Board held a hearing and recommended that the Capital Facilities Plan element of the Kent Comprehensive Plan be amended to adopt the Capital Facilities Plans for the Kent and Federal Way School Districts. Sarah Bradley of the Planning Department noted that representatives from the school districts are in attendance. The City Attorney pointed out that the Comprehensive Code does include a capital facilities element for the schools, but that it needs to be updated. Fred High of the Kent School District explained that the change in the plan updates the con- struction activities, and that they are currently using funding from a 1994 bond authorization. He noted that there are two schools currently under construction, and that the current single family fee will raise approximately $69 and the multi- family fee will drop approximately $48. Upon Clark's question, High explained the formula for determining the fee, and that the fees contribute between 20 and 25% of the total cost of the facility. Upon Brotherton' s question about the difference in fees between single family and multi-family, High explained that part of the fee calculation depends on the valuation of apartments and single family homes, and that the price of single family homes has increased far more than multi-family. He noted for Clark that the school district and the real estate community work closely together and hope to find a way to reduce the cost of school construction itself, which is a prime ingredient in reducing the size of the fees. 6 Kent City Council Minutes July 7, 1998 SCHOOL IMPACT Geri Walker of the Federal Way School District FEES stated that they do not have anything under construction at this time, but that they are experiencing growth. She explained that they are doing a study and survey which may change the way in which their capacity is figured, in that they are looking at changing grade configurations. She added that there are two year-round schools, but that they are not increasing their capacity. CLARK MOVED to approve the Land Use and Planning Board's recommendation that the Capital Facili- ties Element of the Kent Comprehensive Plan be amended to adopt by reference the Capital Facilities Plan for the Kent and Federal Way School Districts and to direct the City Attorney to draft the appropriate ordinances to implement these changes to the school impact fee program. Orr seconded and the motion carried. SATURDAY MARKET (CONSENT CALENDAR - ITEM 3E) Saturday Market Payoff and Budget Change. AUTHORIZATION to pay the short term Saturday Market loan of $524 , 777 . 49 to the Equipment Rental fund, to transfer title for the 212th Railroad Avenue land and building, to transfer the remodeling cash balance of $191, 350. 63 to the Public Development Authority as approved by Council on March 3 , 1998, and to authorize a budget of $524, 778 to be funded with a transfer of $392 , 000 from existing projects and the balance of $132 , 778 from CIP undesignated fund balance, as recommended by the Operations Committee at their June 16, 1998 meeting. PUBLIC SAFETY (CONSENT CALENDAR - ITEM 3H) Property Forfeiture And Disposal Code Amendments. ADOPTION of Ordinance No. 3405 which establishes a new Chapter of the Public Safety Code which sets forth procedures for seizing, forfeiting, and disposing unclaimed evidence seized during the investigation of crimes, firearms which are used during the commission of a crime, and pro- perty that is associated with or obtained through illegal drug transactions. This ordinance adopts numerous state laws, and repeals provisions of the City code which duplicate the state laws that are adopted. 7 Kent City Council Minutes July 7, 1998 CRIMINAL CODE (CONSENT CALENDAR - ITEM 3J) Criminal Code Amendments. ADOPTION of Ordinance No. 3407 amending portions of Section 9. 02 of the Kent City Code. RCW 39. 34 . 180 requires cities such as the City of Kent to prosecute all misdemeanor and gross misdemeanor offenses. In order to prosecute offenses that are violations of State law, the City must adopt those laws into its code. This ordinance adopts numerous state laws, and repeals provisions of the City code which duplicate the state laws that are adopted. The ordinance will also permit a Police Officer or Judge to remove a person from a park or other public facility when that person commits a crime at the park or facility that threatens the health or safety of others. FIRE DEPARTMENT (CONSENT CALENDAR - ITEM 30) Fire Code Amendments. ADOPTION of Ordinance No. 3410 amending Kent City Code Chapter 13 . 02 Fire Codes and adopting the current edition of the Uniform Fire Code. PARKS (CONSENT CALENDAR - ITEM 3C) DEPARTMENT Salt Air Vista Park Agreement Amendment. ACCEPT $1, 524 from Dwane Ott for Condition 2 from the 26th Place South Street Vacation Agreement and amend the Salt Air Vista Park budget. On May 2 , 1995, Council approved an application from Dwane L. Ott to vacate a portion of 26th Place South at Salt Air Vista Park. The agree- ment allowed Mr. Ott to cut in a trail at the park, which is adjacent to his property. The trail work has not been completed to date, therefore the Parks Department is seeking approval to revert to the original "Condition 2" of the agreement, which is payment of cash for the vacated right-of-way. Parks staff has agreed to payment of $1, 524 in lieu of the trail improvements. (CONSENT CALENDAR - ITEM 3F) Parks Maintenance Replacement Tractor Budget Change. APPROVAL of a budget change of $40,824 to purchase a replacement Parks Maintenance 545C tractor, as recommended by the Operations Committee at their June 16, 1998 meeting. Equipment Reserve funds of $33 , 324 will be used, with the balance of $7, 500 coming from the General Fund Fund balance. 8 Kent City Council Minutes July 7, 1998 PARKS (CONSENT CALENDAR - ITEM 3I) DEPARTMENT Parks And Recreation Code Amendments. ADOPTION of Ordinance No. 3406 relating to towing un- authorized vehicles remaining in a park after hours. The proposed amendment to Kent City Code 4. 01. 080 permits a Police Officer to order an unauthorized vehicle to be towed from a park when that vehicle remains in a park after the hours of operation. (OTHER BUSINESS - ITEM 4B) Gunther Family Trust Property. The Gunther Family Trust offered to donate a piece of pro- perty located adjacent to the south property line of Lake Fenwick Park. The property is valued at $50, 000 and will be a useful addition to Lake Fenwick park. The City will be required to pay only closing fees and title insurance in the amount of $885. WOODS MOVED to accept the property located south of Lake Fenwick donated by the Gunther Family, and to compensate the Gunther Family Trust $885 for closing costs and title insurance. Orr seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 3G) Excused Absence For Councilmember Clark. APPROVAL of an excused absence from the July 21, 1998 City Council meeting for Councilmember Tim Clark. He will be unable to attend. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through June 15 and paid on June 15, 1998 , after auditing by the Operations Committee on June 16, 1998 . Approval of checks issued for vouchers: Date Check Numbers Amount 6/15/98 201091-201564 $ 617,593 . 07 6/15/98 201565-201946 1,997 ,421.53 $2 , 615, 014. 60 9 Kent City Council Minutes July 7, 1998 FINANCE Approval of checks issued for Payroll for May 16 through May 31, 1998, and paid on June 5, 1998 : Date Check Numbers Amount 6/5/98 Checks 227933-228269 $ 246,553 . 64 6/5/98 Advices 66476-67018 741,464.80 $ 988, 018.44 REPORTS Council President. Orr asked Councilmembers to RSVP to Ms. Banister as soon as possible re- garding attendance at the Meeker Street Law Building Open House. Operations Committee. Woods noted that the Committee will meet on Tuesday, July 21st at 3 : 30. Parks Committee. Woods noted that the next Committee meeting will be at 4 : 30 p.m. on July 21st. Woods reported that the July 4th event with the Seattle Symphony at Lake Meridian was a wonderful occasion and that she will be proposing an increased amount of money in the budget for next year' s celebration. Administrative Reports. McFall announced that the Municipal Court has moved to their new location. McFall noted that the Public Development Authority has held two meetings and is working toward opening the Market next summer. EXECUTIVE At 7: 45 p.m. , the meeting recessed into an SESSION executive session of approximately 30 minutes. ADJOURNMENT The meeting reconvened and adjourned at 8 : 12 p.m. Brenda Jacober, CMC City Clerk 10